Ex Parte Banks

The petition is for a writ of certiorari to review the judgment of the Court of Appeals in the case of Mary Banks v. State, 93 South. 293, 1 including also the advisory opinion of this court on an inquiry propounded by the Court of Appeals, as authorized by the statute. Gen. Acts 1911, p. 449, § 1.

The argument of counsel for the petitioner is ably conceived, and is presented with force and zeal. In its final analysis it rests upon two propositions: (1) That the case of Shields' v. State, 104 Ala. 35, 16 South. 85, 53 Am. St. Rep. 17, is wrong, and should be overruled; and (2) that, with…